Troubadour of truth, by R. E. Brennan.--Reflections on necessity and contingency, by Jacques Maritain.--Intellectual cognition, by Rudolf Allers.--The problem of truth, J. K. Ryan.--The ontolgical roots of Thomism, by Hilary Carpeuter.--The role of habitus in the Thomistic metaphysics of potency and act, by V. J. Bourke.--The nature of the angels, by J. O. Riedl.--The dilemma of being and unity, by A. C. Pegis.--Prudence, the incommunicable wisdom, by C. J. O'Neil.--A question about law, by M. J. Adler.--The economic philosophy of Aquinas, (...) by J. A. Ryan.--Beyond the crisis of liberalism, by Y. R. Simon.--The fate of representative government, by Walter Farrell.--The Thomistic concept of education, by R. J. Slavin.--The perennial theme of beauty, by Immanuel Chapman.--Epilogue, by H. T. Schwartz.--Bibliography (p.[363]-419). (shrink)

As Edward Hundert--a philosopher, psychiatrist, and award-winning educator--makes clear in this eloquent interdisciplinary work, the newly emerging model for ...

When entering into a legal agreement, it is not unusual for one of the parties to ask the other to provide some security so as to ensure that the latter's obligations under the agreement will be fulfilled. There are two basic forms of security, personal and real. In personal security for a loan, the borrower arranges for a third party to come forward and to promise the lender that he will fulfil the borrower's obligations in the event that the borrower (...) does not make interest payments or repay the principal. In real security, the borrower pledges some of his property, either movable or immovable, as security to the creditor. If the borrower defaults, the creditor has the right to seize the property pledged as security, and, if he wishes, to sell it for cash in lieu of repayment. (shrink)

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

While corporate fiduciary duties in many jurisdictions are generally understood to be owed to shareholders, recent Canadian Supreme Court cases have held that directors owe their duties to the corporation, period, not to shareholders or any other stakeholders. This development has introduced significant indeterminacy to the law since it is not clear what such a conception of the duty requires. The Supreme Court did, however, make one clear statement: it held that directors owe a fiduciary duty to ensure that their (...) corporations obey statutory law. Such a duty encourages compliance with law, but may over-encourage compliance: individual directors do not necessarily gain personally from legal breaches, but may lose personally from them because of fiduciary liability, so they will have excessively strong incentives to avoid such breaches. The Article connects the fiduciary duty to obey law with recent developments in financial regulation that have increased the obligations on directors of financial institutions to oversee risk. By requiring directors to be engaged with risk at a governance level, regulators have enhanced the probability that directors will face liability under their fiduciary duties if their institutions do not comply with financial regulations. As the Article explains, the policy tradeoff between enhanced compliance benefits and over-compliance costs of fiduciary liability is different in the context of financial regulation from that in other settings. For example, significant corporate penalties, as opposed to penalties borne by individual directors, may be inconsistent with the prudential goals of regulation, perhaps because of toobig- to-fail concerns. The fiduciary duty to cause the corporation to obey financial regulation, and a stricter application of this duty than the highly deferential standard that exists in Delaware law, has advantages that do not exist in other legal and regulatory contexts. (shrink)

Epistemology — the study of knowledge — is a philosophical discipline with close ties to psychiatry. When epistemologists address specific questions about how knowledge is actually realized by human beings, their philosophy must be informed by empirical studies of the sort psychiatrists now take up in a variety of forms. As this paper describes, psychiatrists can likewise improve their understanding of human psychology through a deeper appreciation of philosophical analysis in epistemology.The aim of this article is to introduce a unifying (...) framework within which the experience from different approaches to psychiatry — (1) the conceptual schemas of cognitive psychiatry, (2) the mental structures of psychoanalytic psychiatry, (3) the categorical forms of existential psychiatry, and (4) the neural pathways of biological psychiatry — can all be applied productively to the central question of epistemology. By establishing a broad understanding of the problem of knowledge, this new view of epistemology is developed within the idiom of each psychiatric approach. In addressing themselves to a unitary problem, these diverse psychiatric approaches are themselves revealed, not as competing points of view, but as complementary views of a single subject. The result is a new epistemology that can not only bring the insights of psychiatry to philosophy, but can also contribute to the care of patients when psychiatrists bring this broader view to their clinical work. (shrink)

Herennius Philo of Byblos is the subject of a notice in the Suda, which states that he was a grammarian born in Nero's time who lived to such an advanced age that he was still composing works in the reign of Hadrian. The titles listed include: On the Acquisition and Choice of Books; On Cities and their Eminent Citizens; and On the Reign of Hadrian . His name, like that of Flavius Josephus, could imply the patronage of a Roman family; (...) we may suppose that, like Porphyry and Maximus of Tyre, he was a Phoenicean by origin who had adopted the tongue and culture of the Greeks. (shrink)

Community engagement and participatory research have been appropriately employed to increase the relevance, rigor, and acceptability of all types of research, but these approaches may be particularly important in genomics and biomedical research on sensitive traits such as neurodevelopmental, psychiatric, and behavioral ones. Here, we provide an overview of past and ongoing efforts in community engagement in genomics studies and consider successes and opportunities for further improvement. Informed by this knowledge as well as one of the author's experiences, we set (...) out a vision for a more equitable and collaborative genomics where wider communities, including social, ethnic, and other communities that share a particular trait, are included in the research as peers and collaborators, not solely as objects of study. (shrink)

The worldwide variation in mating strategies can be explained by differential paternal investment theory, which traces the differences back to the climates where the various peoples (races) evolved. Male provisioning is necessary for women and children to survive cold winters, which is less essential for tropical women. Androstenone may be the substance that makes symmetrical men smell better to fertile females.

Clarke and Beck suggest that the ratio processing system may be a component of the approximate number system, which they suggest represents rational numbers. We argue that available evidence is inconsistent with their account and advocate for a two-systems view. This implies that there may be many access points for numerical cognition – and that privileging the ANS may be a mistake.

One of the most ingenious arguments in all of Attic oratory is to be found in the speech Lysias wrote for Euphiletus to deliver at his trial for the murder of Eratosthenes . In his speech Euphiletus first describes to the court how his wife was seduced by Eratosthenes, then recounts how he discovered the affair, caught the adulterer in the act, and, despite an offer to pay compensation, slew him. Euphiletus defends his action by citing the law of the (...) Areopagus that whoever kills an adulterer caught in flagranti with his wife cannot be convicted of murder. Euphiletus further points out that the same exemption applies to the man who catches someone seducing his pallakē. If the lawgiver regarded the seduction of a pallakē as so serious that it merited the death penalty, Euphiletus argues, he must have regarded the seduction of a wife as even more reprehensible, deserving a penalty worse than death. (shrink)

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...) partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)

Scholia from the Byzantine era on Lucian of Samosata era are unusually abundant and unusually prodigal in invective. Hostility was inspired not only by the Peregrinus, in which Lucian ridicules the Church and its martyrs, but by dialogues which were read as oblique assaults on Christianity because they slighted all belief in providence and regard for things divine. Most assaults are bombastic rather than eloquent, and deaf to Lucian's humour; Arethas, a younger contemporary of Photius, attempts without success to outdo (...) the satirist in wit and in philosophy. Photius himself, however, hints that his lampoons on pagan credulity might supply a Christian arsenal, and the author of the spurious Philopseudes comes closer to Lucian's manner than any of the scholiasts, initially in defence of monotheism, and then for some partisan object which continues to afford matter for debate. (shrink)

As befits the proem to so original and immense an undertaking, this passage echoes, in order to retort them upon their inventors, the mythopoeic commonplaces of other ancient schools. One such commonplace was the assertion that some man was the first to effect a revolution in life or thought: those who held with Empedocles that Pythagoras was the first to see beyond his generation, or with Aristotle that Thales was the earliest cosmogonist and Plato the first discoverer of happiness, must (...) learn that neither scientific truth nor human felicity was known before Epicurus. A figure dear to Plato and his admirers was that of the Gigantomachy: if he himself professed to fear that contemporary atomists would drag the heavens to earth, and Aristotle showed similar apprehensions with regard to some of Plato's own interpreters, they were right to foresee the destruction of their own systems, wrong to suppose that this portended anything but deliverance to mankind. (shrink)

Ether-drift experiments using opposed masers are examined from the point of view that, if molecules contain indigenous radiation, a maser beam might be idealized as a stream of light clocks. According to a recently developed theory of the light clock, in which relativistic Doppler frequencies are developed from a classical ether model augmented by the Fitzgerald contraction, no effect from ether drift is expected, so that the null result of the experiments is in accord with this version of the ether (...) theory. (shrink)

The following excerpt from Proclus' Commentary on the Timaeus appears as Fr. 37 in the edition of the fragments of Numenius by Des Places.1 It is the aim of this study to ascertain the original place of the fragment in his work, and to show that it belongs to a second-century school of allegorical commentary on the ancient theologians, and particularly on Pherecydes of Syros, of which Numenius will have been one of the brightest luminaries.

In Athens during the late Classical and Hellenistic periods, it was customary for a man who was borrowing a large sum of money to pledge some property as security for the repayment of his loan. To show that this property was legally encumbered, a flat slab of stone, called a horos, was set up, and an inscription, indicating the nature of the lien on the property, was inscribed on the horos. These horoi served to warn third parties that the man (...) who pledged the property as security was not free to sell it or otherwise alienate it until the loan was repaid. The terminology which is used on these horoi to indicate that the property has been pledged as security varies. On a relatively small number of horoi, only seven, the property is described as ‘lying under ’ for a debt, the amount of which may or may not be specified. The texts found on a far greater number of horoi, some 128 in all, use a different type of expression. On these horoi, the property is said to have been ‘sold on condition of release’ . The terminology used on the horoi to describe this kind of lien presents a striking contrast with that employed by the Attic orators: in their speeches we find the verbs ποκεσθαι and ποτιθναι when it is a question of pledging security for a loan, but never ππρασθαι with the addition of the prepositional phrase π λσει. (shrink)

Many students view archaeological theory as a subject distinct from field research. This division is reinforced by the way theory is taught, often in stand-alone courses that focus more on logic and reasoning than on the application of ideas to fieldwork. Divorcing thought from action does not convey how archaeologists go about understanding the past. This book bridges the gap between theory and practice by looking in detail at how the authors and their colleagues used theory to interpret what they (...) found while conducting research in northwest Honduras. This is not a linear narrative. Rather, the book highlights the open-ended nature of archaeological investigations in which theories guide research whose findings may challenge these initial interpretations and lead in unexpected directions. Pursuing those novel investigations requires new theories that are themselves subject to refutation by newly gathered data. The central case study is the writers' work in Honduras. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. (shrink)

On the basis of his acquaintance with theoretical elementary particle physics, and following the lead of Thomas Torrance, John Polkinghorne maintains that the data upon which a science is based, and the method by which it treats those data, must respect the idiosyncratic nature of the object with which the science is concerned. Polkinghorne calls this the "accommodation" (or "conformity") of a discipline to its object. The question then arises: What should we expect religious experience and theological method to be (...) like if they are accommodated to the idiosyncratic nature of God? Polkinghorne's methodological program is typical of postcritical positions in the theology-science dialogue in holding that the fiduciary element in theological method is simply a species of the fiduciary element that is a de facto part of all knowing—in other words, theological method does not differ in fundamental kind from the methods of the natural sciences. But this program may contain the seeds of an alienation of theological method from the transcendence of God similar to the double self-alienation of theology described by Michael Buckley in At the Origins of Modern Atheism. I contend that something like Bernard Lonergan's position on how the method of faith seeking understanding is related to the methods of the natural sciences is exactly the sort of thing that one should expect on the supposition of Polkinghorne's principle of accommodation, at least if the God who is the object of theological science is transcendent. The way in which the divine differs from all other objects ought to be disclosed or reflected in religious experience and theological method. Polkinghorne charts the course for an accommodated theology, but it seems to be Lonergan who is more intent on following it. (shrink)